The U.S. Court of Appeals for the Seventh Circuit recently overruled a prior decision that said a petitioner lacked standing to apply for asylum because the petitioner did not suffer an injury-in-fact when denied the opportunity to apply.

A federal program that protects certain undocumented youth from deportation is in the process of winding down. Immigration attorney Raluca Vais-Ottosen explains how the end of the Deferred Action for Childhood Arrivals (DACA) will impact individuals.

A criminal defendant argued that his lawyer did not tell him that pleading guilty to armed robbery would impact his eligibility for the Deferred Action for Childhood Arrivals (DACA) program. Recently, a state appeals court upheld the plea.

Federal immigration agencies can request that local law enforcement hold individuals for 48 hours after taken into custody, if subject to deportation. Recently, the state supreme court ruled those immigration hold requests are exempt from public records law.

A woman with ties to a terrorist group that has targeted the Ethiopian government recently lost her case to stay in the U.S. but her removal to Ethiopia is on hold until there’s proof she won’t be tortured there, a federal appeals court has ruled.

A state appeals court has remanded a case to determine whether a conviction for fleeing an officer was “likely to result” in a defendant’s deportation such that a failure to inform him of immigration consequences allows a plea withdrawal.

Leopoldo Salas Gayton, convicted for homicide by intoxicated use of a vehicle, argued that a judge improperly considered his immigration status as a factor at sentencing. Recently, the Wisconsin Supreme Court ruled the judge did not.

Milwaukee County Sheriff David Clarke must release unredacted immigration forms the office received from U.S. Immigration and Customs Enforcement (ICE) pursuant to an open records request, a state appeals court has ruled.

A lawful permanent resident of the U.S. who pled guilty to drug charges more than a decade ago can withdraw her pleas and enter new ones because she did not receive proper warnings about the immigration consequences of pleading guilty.

A criminal conviction in Wisconsin can lead to deportation for persons who are not U.S. citizens. But can judges consider a defendant’s immigration status as a factor in fashioning a sentence? The Wisconsin Supreme Court may soon decide.

Lishou Wang, a Chinese citizen, is trying to avoid deportation on the grounds that he was persecuted for resisting China’s decades-old population control policy before coming to the U.S. Recently, a federal appeals court kept his case alive.

Oct. 21, 2015 – It's crucial that criminal defense and immigration attorneys recognize the perils of certain guilty pleas and convictions for noncitizen clients, says Davorin Odrcic. Listen to his client, who found himself the subject of an investigation and possible deportation.

Non-U.S. citizens who are not authorized to be in the U.S. but have substantial connections with the country are protected by the Second Amendment to the U.S. Constitution, which grants the right to bear arms, a federal appeals court has ruled.

Hatem Shata, an Egyptian national, argued that his lawyer gave him bad advice when he said a guilty plea would trigger a “strong chance” of deportation instead of telling him deportation was a certainty. Recently, the state supreme court ruled that counsel’s advice was not deficient, rejecting Shata’s request for a plea withdrawal.

The Wisconsin Supreme Court has added five cases to its docket, including one OWI-related case to determine whether police can make a traffic stop based on a reasonable suspicion that an auto occupant committed a non-traffic offense.

Feb. 4, 2015 – “They’re human beings and we have laws to protect against rape, sexual abuse, and sexual harassment.” Dennis McBride, a trial attorney with the Milwaukee office of the U.S. Equal Employment Opportunity Commission, doesn’t mince words when it comes to protecting all workers, even those who are undocumented, from employer abuse.

A state appeals court has certified criminal cases to decide the point at which deportation becomes “likely” enough to allow a defendant to withdraw a plea on the basis that they were not informed of the immigration consequences of the plea.

The Wisconsin Supreme Court has added three cases to its docket, including two cases that may impact a defense counsel’s obligation to advise criminal defendants on the immigration consequences of plea deals.

Sargarsen Haldar, leader of a Hare Krishna temple in Milwaukee, was accused and convicted for illegally obtaining religious worker visas for people who were not religious workers. Recently, a federal appeals court rejected his appeal.

Wisconsin law requires courts to give defendants an “immigration warning” before accepting a plea deal, with specific language that must be used to warn a defendant that deportation can result from guilty or no contest pleas.

The State Bar of Wisconsin is set to host the National Mock Trial competition next spring, and organizers of the event are pleased to announce that they have received the largest donation to date – $25,000 – from the Wisconsin Law Foundation.

In the April issue of Wisconsin Lawyer magazine, available online and in mailboxes soon, two Madison-based lawyers explain how federal immigration policy may impact the estimated 8,900 undocumented children living in Wisconsin.

Deferred Action for Childhood Arrival, a new immigration initiative, may provide temporary deportation relief for undocumented youths, but the application process might also increase the risk of being deported or terminated from employment.

Sept. 5, 2012 – President Obama recently announced that his administration would offer certain undocumented youth "deferred action." Deferred Action for Childhood Arrivals is a wonderful opportunity for many immigrants, but it's not for everybody. Immigration attorney Barbara Graham explains why some individuals should take special care in applying for deferred action.

Wisconsin companies licensed in Arizona or 16 other states that mandate the use of the federal E-Verify electronic system to confirm employment eligibility of new employees must use the program in those jurisdictions.

Wisconsin's "Personal Protection Act" establishes a licensure system for the concealed carry of weapons and sets guidelines for property owners, businesses, and employers that may interact with license holders. Here is an in-depth look at the law's provisions, how it applies in various property contexts, and practical ramifications and potential legal issues rising from the law's enactment.

July 5, 2012 – Last month, the U.S. Department of Human Services announced that certain young people who entered the U.S. before age 16 will no longer be removed from the U.S. Qualifying individuals will be granted "deferred action" and be eligible for a work permit.

Dec. 15, 2011 – A Mexican national who pled guilty to second-degree sexual assault of a child 18 years ago and served his prison sentence wants to withdraw his plea to avoid deportation. The Wisconsin Supreme Court, which accepted review of four new cases, will decide if he can.

In its 2010 landmark decision in Padilla v. Kentucky, the U.S. Supreme Court held that defense counsel have an affirmative Sixth Amendment duty to advise noncitizen clients of the potential immigration consequences of their pleas. The decision overturned Wisconsin and federal court precedent and substantially affects Wisconsin prosecutors and defense counsel and their clients.

Why would a client refuse even to look at an interpreter, possibly derailing an otherwise sound case? Obstinance? Doubtful. Shame at needing to use a legal system she knows nothing about? Maybe. How about fear and anger, because someone of the interpreter’s ethnicity burned the client’s village or worse? This is just one example of how the melting pot that is American society presents multiple opportunities and challenges for lawyers who represent clients from diverse cultures.

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

April 15, 2009 - The 2009 Wisconsin Equal Justice Conference will bring together community representatives committed to ensuring civil equal justice for the poor and disadvantaged. The conference will take place on April 28, at the U.W. Pyle Center in Madison.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

March 4, 2009 – The Legal Assistance Committee recently awarded Pro Bono Initiative grants totaling $14,600 to four organizations to assist with the creation of new pro bono projects. Applications are still being accepted for grants of up to $5,000 to develop or expand pro bono legal assistance projects in Wisconsin.

March 4, 2009 – The 2009 Wisconsin Equal Justice Conference will bring together community representatives committed to ensuring civil equal justice for the poor and disadvantaged. The conference will take place on April 28, at the U.W. Pyle Center in Madison. At this event, organized by the State Bar of Wisconsin’s Legal Assistance Committee, attendees will explore innovative models that lawyers, courts, and other organizations are using to move Wisconsin closer to equal justice under law.

Beginning Jan. 20, all non-immigrant visa applicants with an appointment at the United States Consulate General in Ciudad Juarez, Mexico will be required to use the DS-160 electronic NIV application form available at https://ceac.state.gov/genniv, according to the consulate.

Nov

13

2008

If not for the pro bono help of Madison attorney Rick Lewandowski, a Tibetan teenager faced deportation to his country and the certainty of arrest, imprisonment, and harsh treatment. The case proved to be the most exotic case of Lewandowski’s career

If not for the pro bono help of Madison attorney Rick Lewandowski, a Tibetan teenager faced deportation to his country and the certainty of arrest, imprisonment, and harsh treatment. The case proved to be the most exotic case of Lewandowski’s career.